1. Attempted Fraud in New York | Background of the Financial Dispute Leading to Criminal Allegations
The matter began when the client, a long-standing business partner of a deceased colleague, sought repayment of funds previously advanced during their joint operations.
After submitting documents reflecting the settlement terms, the decedent’s heirs alleged that the documents were fabricated, and they filed a criminal complaint forgery and attempted fraud.
The defense needed to establish historical financial dealings and the authenticity of signatures while proving the absence of deceptive intent.
Settlement Documentation and Signature Authenticity Analysis
The central issue involved a set of business settlement documents prepared in digital format rather than handwritten form.
Although prosecutors viewed the typed structure as suspicious, a certified forensic handwriting expert confirmed that the signature and seal on the documents belonged to the deceased partner.
Key steps supporting the defense included:
• Independent forensic confirmation that the signature was genuine.
• Demonstration that New York courts accept typed agreements as legally valid when properly signed.
• Evidence showing that the client had historically executed documents in digital form.
• Proof that no benefit was taken beyond what had been previously agreed.
These findings significantly weakened the attempted fraud narrative by establishing that the documents were neither forged nor created to deceive.
Corroborating Evidence Showing Legitimate Financial Transfers
To rebut the allegation that no financial relationship existed, the defense gathered contextual materials demonstrating the decedent’s long term acceptance of funds.
Supporting evidence included:
• Statements from individuals who had personally witnessed cash transfers.
• Communications showing ongoing discussions regarding settlement repayment.
• Records from the assisted living facility where the decedent resided, confirming repeated visits by the client for payment related conversations.
• A handwritten ledger maintained over several years documenting cash advances.
These materials proved the existence of a legitimate debt, thereby removing the foundation for attempted fraud under New York Penal Law §110.00.
2. Attempted Fraud in New York | Defense Strategy Against Forgery & Attempted Fraud Charges
The defense strategy focused on demonstrating that the client acted pursuant to a legitimate financial claim, that the documents were authentic, and that the allegations were rooted in a civil dispute rather than criminal conduct.
Prosecutors were required to establish intent to defraud—an essential element of attempted fraud—which the defense effectively neutralized.
Reframing the Case as a Civil Dispute, Not a Criminal Scheme
Attempted fraud in New York requires proof that the accused intended to cause financial loss by deceptive means.
By showing that:
• the client had long established financial ties,
• the documents were legitimately executed, and
• the client initiated a proper civil action instead of covertly demanding payment,
• the defense dismantled the argument that any fraudulent scheme existed.
Undermining the Accusation of Forgery Under NYPL §170
New York Penal Law §170.10 (Forgery in the Second Degree) requires proof that the defendant falsely created or altered a written instrument with intent to defraud.
The defense established:
• no alteration occurred,
• the signature was authentic, and
• the document content reflected earlier agreements.
This eliminated the statutory basis for the forgery charge.
3. Attempted Fraud in New York | Evidentiary Development and Forensic Collaboration
The defense attorney collaborated with forensic specialists and investigative researchers to strengthen every factual component of the case.
These coordinated efforts transformed a seemingly incriminating allegation into a fully defensible matter.
Forensic Document Examination Reinforcing Authenticity
Professional examiners evaluated:
• signature pressure depth,
• ink characteristics,
• digital metadata,
• stamping consistency.
Their findings confirmed genuineness and disproved theories of manipulation, directly refuting NYPL §170 based arguments.
Contextual Evidence to Disprove Fraudulent Intent
Attempted fraud prosecutions rely heavily on showing purposeful deception.
The defense emphasized:
• transparency of the civil litigation process the client initiated,
• absence of fabricated motives,
• full disclosure of documents prior to any dispute,
• consistent statements by the client from initial investigation to trial.
This prevented prosecutors from establishing the intent element required for attempted fraud.
4. Attempted Fraud in New York | Complete Acquittal and Case Resolution
After reviewing all evidence, the court determined that the prosecution failed to prove essential elements of attempted fraud, forgery, or related offenses under New York law.
The client was fully acquitted, and the court recognized that the matter originated from a financial misunderstanding rather than criminal conduct.
Reasons for Acquittal
The court emphasized several decisive factors:
• The signature on the documents was authentic.
• Financial exchanges were supported by credible third party testimony.
• No evidence suggested the client sought unlawful gain.
• All documents and supporting materials formed a coherent and believable narrative.
These findings collectively eliminated all grounds for attempted fraud under New York Penal Law.
08 Dec, 2025
